Tobacco and Vapes Bill (Second sitting)

Debate between Sadik Al-Hassan and Tristan Osborne

Committee stage
Tuesday 7th January 2025 Public Bill Committees

[Sadik Al-Hassan]

Q Thinking specifically about vapes, do you feel that this Bill goes far enough in providing tougher regulations and more resources for enforcement, while balancing the burden on businesses that probably have not had this level of regulation?

Lord Michael Bichard: We think it does. You have to look at the package, because you do not just have age regulation or display and promotion regulation; you also have the proposal for licensing—which, by the way, we do not see trading standards being equipped to do; that is a local authority business and, as a former local authority man, I would have to say “with the resources”, because there is always a danger that you give local authorities more power but you do not give them the money.

You have regulation, you have licensing and you have registration of products. If you put all that together, I think it is quite a powerful package, but it does need to be backed up with the resources, because it is delivering it that really matters. We are all used to legislation that sounds great and never gets delivered.

Wendy Martin: I agree; we think the balance is there, hopefully with good communication to businesses. Again, in a similar way, this is not going to be entirely new territory—certainly for those businesses that are already involved in the sale of alcohol and tobacco in particular—in understanding where to go for support and the kind of controls that are in place. Certainly, if the changes are made to the product registration scheme, which should then make it more effective for businesses to be able to check that a product they are stocking is legal and compliant—if the package is right, as Michael said—it should not be too complex for businesses to comply with it.

[Tristan Osborne]

Q I have two questions. First, on digital taxation, I understand that under the previous Government, in March, vapes were to become digitally registered—with a digital tax—which should make it easier to identify fraud and misaligned products effectively. Is there any commentary around the implementation of that? Have you seen that come forward? Are you working with HMRC on the sort of digital tax regime around that? Do you think that that is important, in your job, to reduce fraudulent products?

Secondly, in the United States, you can have products with up to 60 mg-worth of nicotine; that is a standard product in the United States. In the UK, it is 20 mg, or significantly less. Is there an awareness within trading standards of just how much we are potentially out of kilter with some of the key markets that we are aligned to? Our limit is significantly lower than those of other major economies, so do you think that we might therefore have a problem with products perhaps coming in from other sources that are not the same as tobacco? Is that a concern for your Department?

Lord Michael Bichard: I will pass that one to Wendy, if it is not unfair. On the first point, you are right that we think that that is going to make regulation enforcement easier but I will have to leave the second question to Wendy, I am afraid.

Wendy Martin: Just to reinforce Michael’s point around the digital stamps, I am not close to this myself, but I know that trading standards colleagues who are operational experts in this field are working in response to the various HMRC consultations about the implementation of excise and tax stamps, and those sorts of things. I know those conversations are happening, and I think the view is that that kind of simple identification is really important for trading standards.

In terms of the 60 mg versus 20 mg, I am afraid I do not have any detailed knowledge of that personally, but I would certainly anticipate that those kinds of challenges and issues would be built into the guidance and information being put to officers and any planned training programmes once we know the final form of the Bill, the excise duty and all the other changes coming over the next few years as the Bill and other legislation progress. I am sorry that I do not have a detailed answer.

Lord Michael Bichard: But we can get it for you.

--- Later in debate ---

[Sadik Al-Hassan]

Q You have listed a couple of bits, but do you think there are any further measures that would help to limit the appeal of vapes to children and young people?

Matthew Shanks: I think the appearance and location of vape shops are important, so there could be better regulation around that. We have talked already about sponsorship bans. We have talked about raising the age of sale for vapes. I think vape packages should have the same kind of warnings that cigarette packages have on them. I really think so, because at the moment, they do not—and why would they not, if it is a cessation? “You are going to stop that, but you could still get this, so actually, we want to stop that.” Ultimately, that is what we should be aiming for.

I think the young people parenting support provisions are engaged in that, because as I have said, parents see this as a way of enticing children back into school or helping them or taking away an argument. You have to appreciate that I am not criticising parents, because they have a tricky job to get them back in. They see this as something safe and think they are caring for their child, so if we make it clear that actually it is not, that will be really important.

I have talked about vape detectors being useful in schools, but would it not be good if actually these things were banned? Then they could not be there. From that point of view, I think it is important.

[Tristan Osborne]

Q My question is about price. In this Bill, we are looking to ban disposable vapes, which, as a former teacher myself, I used to see in toilet bowls and other exciting locations in secondary schools, sadly. Do you think that that is going to have a major impact in the form of kids perhaps not being able to afford these products, and so we will see a reduction? Do you think that the price differential is going to be an important factor?

Matthew Shanks: Yes, but not on its own. It would help, but people will find a way to get something if they want it—we know that. The price hike without the education might increase other instances of unpleasantness between people, such as bullying, bribing, theft and so on. It has to come alongside education. The whole message needs to be that vaping is not something for children to engage in. It is something to help people to stop smoking. That is my view and the view of educators.